Female engineer loses UK lawsuit over transgender toilet policy

Leonardo DRS

03/12/2025 21:06

By Kirstin Ridley

LONDON, Dec 3 (Reuters) - A female engineer, who sued her employer Leonardo UK LDOF.MI for harassment and discrimination because she had to share the women's toilets with transgender colleagues, has lost a UK lawsuit.

Maria Kelly, who joined the Milan-listed aerospace and defence group in 2007 and is responsible for resourcing, training and supporting around 300 engineers, alleged harassment related to sex, direct sex discrimination and indirect sex discrimination.

She alleged, in part, that women need to undress more than men to use the toilet, that they have a greater need for privacy than men when using the toilet and washing because of menstruation, pregnancy and menopause and that allowing trans women to use female toilets created safety concerns.

But employment judge Michelle Sutherland, who heard the case in the Scottish capital of Edinburgh in October, has dismissed all claims, a 382-page judgment published on Wednesday showed.

The judge said the toilet access policy, based on asserted gender rather than sex, posed at the most only a minor and insignificant disadvantage to women and that the policy was a proportionate means of achieving the legitimate aim of treating transgender staff lawfully and inclusively.

A lawyer for Kelly did not immediately reply to a request for comment.

Leonardo, a major supplier of defence and security equipment to Britain's defence ministry, acknowledged the judgment and said it remained "a supportive and inclusive environment" for all employees.

"Our focus now is to ensure that workplace conduct remains respectful and that our facilities' policies continue to meet legal standards," a spokesperson said.

Jo Mackie, an employment partner with law firm Michelmores, said the judgment was likely to be appealed in the wake of a UK Supreme Court ruling in April that a woman was defined by biological sex under equality law.

The decision confirmed that single-sex services for women such as refuges, hospital wards and sports can exclude trans women, clearing up legal ambiguity. Transgender campaigners, however, argued that the judgment could lead to discrimination.

 (Reporting by Kirstin Ridley)

 ((kirstin.ridley@thomsonreuters.com; +44 (0) 207 513 5666;))